Ex H1B, now F1, New H1B

[jawwad]

What is the name of your state? GA

I was on H-1B from March 2002 to April 2003. In April 2003 I lost my job and applied for change of status to F-1, which was approved in June 2003. I joined school in Fall (August 2003) and since then I am in school as an F-1.

Now, I have an offer from an employer who wants to file an H-1B for me. I was wondering whether I can apply for my H-1B bypassing the 2004 quota since I was already counted against the cap in the year 2002 (when I first got my H-1B). I mean, if I am exempt from new quota limitation?

I have always been in status while in the U.S and would like to know whether the new employer can file for a change of status for me moving me from F-1 onto H-1B.

According to following clipping that I found on some visa-related website, it appears that I should qualify. Am I right or mistaken?

"an individual who has already been counted against the cap during the previous six years is exempt, unless the H-1B applicant would be eligible for a full six years of authorized admission at the time that the petition is filed."

A quick response is appreciated, because, as everybody knows, H-1B cap is approaching soon, and might hit the ground in next couple of days.

Thanks for your help.

 

[jawwad]

somebody, please reply!

 

[ImmigAttyLana]

Yes, you would be eligible for a new H-1B without being counted against the cap, provided you have already held H-1B status within the last 6 years and are currently in status in the US.

Please let me know if you have any additional questions or need further assistance with this matter.

 

[Apache24]

Only for the people in US and in status?

Lana,

Is it required that in this case the person has to be in US and in Status?
Does the same apply even to the ones who had an H1 previously in last 6 yrs but are not in US currently and have filed for a new H1?

 

[jawwad]

Thanks a lot for your response Lana.

Anaother question that I have (probably more important and urgent for me than the cap issue) is that the last semester I was enrolled at my school as an F1 was Summer 2004, which ended on July 30. According to my DSO at school, with 60 days grace period for F1, I have untill september 28 to transfer to another school, OR leave the country, OR file for H1B. (Although my I-20 is till 12/31/04, but since I am not enrolled in Fall semester, so the Summer is considered my final semester)

I am inclined towards filing for H1B, but there are 2 issues:

(1) If I apply for an H1B petition before the end of my 60 days grace period (i.e, before September 28), will I be in-status while my H1B petition is still in process beyond my grace period?

(2) If answer to (1) is positive for me , should I apply regular or premium processing? If I go for premium, what could be the earliest and latest start dates that I can choose, without havinb\g to leave the country due to status gap? (My new employer is flexible with any start date and processing method).

I really appreciate your help. Thanks once more!